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Wednesday, July 27, 2005
Talk back: Custom collector’s ‘threat’
By Deo R. Alberca
Chamber of Customs Brokers, Inc.
This is a reaction to Elias L. Espinoza’s commentary on District Customs Collector Lourdes Mangaoang’s threat to sue the Mandaue City police and a judge over the seizure of a container van loaded with RHD vehicles (Sun.Star Cebu, July 26, 2005).
Contrary to Mr. Espinoza’s opinion, we are convinced that the seizure of the van was a cunning intervention in the enforcement of tariff and customs laws –an area alien to the police but original and exclusive to the Bureau of Customs.
Unless deputized by the commissioner or the port collector, the police have no business enforcing customs laws.
And if by accident they happen to apprehend cargo based on the principle of “continuing crime” or “en flagrante delicto,” the law mandates them to immediately turn these over to the agency of primary concern, the Bureau of Customs.
But the Mandaue police did not do so, or accord Mangaoang the slightest courtesy of coordination due her office given the wonders of advanced communications available. Bad faith.
The police, instead, applied for a search warrant.
The police have other priorities in the war against criminality. They should not even meddle with customs law enforcement since they are not abreast with the General Agreements on Tariff and Trade, investments and customs comity among nations, and the country’s accord with the World Trade Organization.
The seizure, which embarrassed an accomplished customs administrator, runs smack into the Mandaue police.
Collector Mangaoang’s legal threats should not be taken as signs of indifference or fear of being publicly rebuked, as Mr. Espinoza suggests.
Rather, these are natural reactions of a well cultured, dynamic, determined, and proactive customs administrator.
(July 27, 2005 issue)
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